N i act section 138
ABC
(Querist) 09 August 2014
This query is : Resolved
dear sir my question is that
i have deposited cheque in bank cheque was returned with stop payment by drawer . than i simple notice send to the person to make payment. but payment not received from that person after two month
i deposit this cheque .cheque was return stop payment by drawer
than i send notice under section 138 to that person within 15 days.
person have sufficient fund in his bank.
what is the merit of this case?
Advocate Bhartesh goyal
(Expert) 10 August 2014
Cheque return due to " stop payment " comes under the purview os sec 138 of N.I.Act but once you receive the intimation of dishonour of cheque due to "stop payment" limitation for initiating proceedings for cheque bouncing case starts.In your case complaint after sending notice second time to drawer on ground of "stop payment" is time barred.
ajay sethi
(Expert) 10 August 2014
you have good case on merits . you can file complaint under section 138 Ni and also file summary suit to recover your money
Dr J C Vashista
(Expert) 13 August 2014
I respectfully disagree with the experts, complaint u/s 138/142 NI Act is not maintainable, if the cheque in question was dishonoured due to "stop payment" where there was sufficient funds available in the account of drawer for honouring the cheque.
The only remedy available to the drawee/ holder in due course of the cheque in question is to file suit for recovery u/o XXXVII CPC.
T. Kalaiselvan, Advocate
(Expert) 13 August 2014
I agree with the opinion of expert Dr. Vashista citing that the above case may not attract the provisions of section 138 of NI Act. It is not cited as an offence within the purview of the said law, thus as suggested, recovery of money suit will be an alternative option.
Dr J C Vashista
(Expert) 15 August 2014
Thank you Mr. T Kalaiselvan, Advocate, for agreeing with me.
